The ground rule: the witness almost always answers anyway.
Under FRCP 30(c)(2) and Florida’s Rule 1.310(c), an objection is noted for the record — and the examination proceeds. Evidence is taken subject to the objection. Only three things stop an answer: privilege, a court order limiting the examination, and conduct serious enough to support a motion to terminate. Everything else is weather.
The form family — noted, answered, mostly noise
These preserve the objection for later. None of them stop the answer. Your move is usually to keep going — rephrase only when the objection identifies a flaw you actually care about.
Objection, form“leading”
Your move: nothing. Leading questions are proper on cross and of adverse witnesses. If it’s your own direct of a friendly treater, rephrase — otherwise let the record show the objection and move on.
Objection, form“compound”
Your move: split the question. A compound objection is the one form objection that usually identifies a real problem — two answers to one question are unusable later. Ask them separately.
Objection, form“vague / ambiguous”
Your move: ask “what part is unclear?” — no, of the witness, not counsel: “Doctor, did you understand the question?” If yes, the objection dies on the spot.
Objection“mischaracterizes the testimony”
Your move: read the prior answer back verbatim and re-ask. Mischaracterization objections evaporate against quoted lines — which is why the page-and-line matters.
Objection“asked and answered”
Your move: name the delta: “The last answer covered the ER notes. This question is about the nursing addendum.” If the answer was a non-answer, say that: “It was asked. It was not answered.”
Objection“calls for speculation”
Your move: anchor to the witness’s own knowledge first (“What did you observe?”), then to their expertise (“Based on your training and experience…”). Speculation objections target foundation-free hypotheticals; give the question its foundation.
Objection“assumes facts not in evidence”
Your move: prove the fact or hand the witness the document. “Doctor, I’m showing you the intake note. Read line three, and then answer.”
Objection“argumentative”
Your move: lower the temperature, keep the content. “Let me ask it this way” preserves everything and costs nothing. Save your energy for the follow-up that matters.
Objection“hearsay / foundation”
Your move: keep going. Hearsay objections in depositions preserve an argument for trial; they don’t block the answer. If the document is a record the witness relies on, walk the reliance instead of the admission.
The three that matter
Everything above is weather. These three change the deposition — and each has a record to build.
Privilegethe answer stops
Your move: stop cleanly and build the record for the motion: the question, the privilege claimed, the basis. Probe the edges — who was in the room, what was copied — because waiver lives in the details. Never argue the witness into waiving; get the ruling.
Speaking objectionscoaching the witness
Your move: call the pattern, politely, on the record: “Counsel, that objection suggested the answer. I’d ask that objections be limited to form, per the rule.” The second time, note the pattern. The third, you have a sanctions record. Rules require objections to be concise, non-argumentative, and non-suggestive.
Instruction not to answerthe rarest move
Your move: complete the record — the question, the instruction, the stated basis — and certify the question for a motion to compel. Outside privilege, court order, and genuine misconduct, an instruction not to answer is counsel’s problem, not yours. Don’t fight it in the room; win it on the motion.
Common questions
Can a lawyer object during a deposition?
Yes, but with narrow effect. Objections are noted for the record and the witness answers. Only privilege, a court order, or conduct serious enough to terminate the examination stops an answer.
What is a speaking objection?
An objection that argues or coaches — “Objection, if you remember.” The rules require concise, non-argumentative, non-suggestive objections. A pattern is sanctionable and worth building a record on, one polite note at a time.
When can a lawyer instruct a witness not to answer?
Almost never: privilege, court order, or terminating genuine misconduct. Complete the record and certify the question — the motion to compel is where that fight is won.
The examiner’s sidekick
The follow-up is the deposition. Demur keeps it alive.
The live product flags the non-answer the moment it happens — with its source page — so “it was asked but not answered” is a fact, not a memory. One med-mal attorney has now run 17 depositions with it.